Revision petitions challenging interlocutory orders are not maintainable under Section 438(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

ORDER

The 1^st respondent in M.C. No.34 of 2022 pending before the Grama Nyayalaya, Chavara, has filed this Criminal Revision Petition challenging Ext.A3 order passed by the 3^rd Additional Sessions Judge, Kollam in Crl.A. No.119 of 2025, whereby the said appeal was dismissed confirming the order passed by the Grama Nyayalaya in C.M.P. No.139 of 2022.

2. The above M.C. was filed by the respondent under Section 12 of the Protection of Women from Domestic Violence Act, 2005 . C.M.P. No.139 of 2022 was filed by the respondent seeking interim relief. The learned Magistrate passed an interim order directing the petitioner to pay interim maintenance at the rate of Rs.6,000/- per month. According to the learned counsel for the petitioner, the said order was passed ex parte. However, it appears that that the petitioner preferred Crl.A. No.119 of 2025 before the 3^rd Additional Sessions Judge, Kollam, and as per the Ext.A3 order, the learned Sessions Judge dismissed his appeal.

3. The learned counsel for the respondent argued that this revision is not maintainable in the light of Section 438 (2) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023, which reads as follows:

“2) The powers of revision conferred by sub-section (1)

shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.”

4. The order passed by the Grama Nyayalaya in C.M.P. No.139 of

2022 is an interim order for payment of maintenance, against which the petitioner has already preferred an appeal, and the present revision is filed challenging the appellate order.

In the light of Section 438 (2) of BNSS , this revision is not maintainable, and as such, this Criminal Revision Petition is dismissed.